KAJIAN HUKUM. TENTANG SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN

VIA, FATIMAH KAJIAN HUKUM. TENTANG SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN. KAJIAN HUKUM. TENTANG SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN.

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Abstract

The aims of this research are as follows: to know the legal principles of power of attorney to impose mortgage (SKMHT) and to know the study of law concerning power of attorney to impose mortgage rights based on Law No. 4 of 1996. Research Methods with a qualitative non-doctrinal approach. The type of research is normative legal research, or known as doctrinal legal research, meaning that legal research with its studies is statutory regulatory documents, library materials and laws conceptualized by applicable norms or rules. This research will be conducted at Notary Dian Tendra Damayanti Boyolali. Methods of Data Analysis Qualitatively and the analysis will be carried out sequentially between the methods of domain analysis, taxonomic analysis, and componential analysis. The results of the discussion can be concluded that the Legal Principles of Power of Attorney Imposing Mortgage Rights (SKMHT). Granting power of attorney to a certain person for and on behalf of the attorney, providing guarantees, signing guarantee agreements to creditors. In principle, a power of attorney is not bound to a certain form, it can be in oral form, it can be written, privately or authentically, but based on Article 15 of the Mortgage Law, the Power of Attorney for Imposing Mortgage Rights (SKMHT) must be made in the form of a notarial deed or Land Deed Making Officer (PPAT). The word "mandatory" here must be interpreted and cannot be ruled out, if it is waived then the power of attorney will be null and void by law. Two reasons for making and using a Power of Attorney to impose Mortgage Rights (SKMHT), are: Subjective requirements and objective conditions. The Power of Attorney to impose Mortgage (SKMHT) must be made specifically as mandated in Article 15 paragraph (1) letter a of the Mortgage Law, so it is not allowed to be made other than to impose Mortgage. This is emphasized again in the standard form of the Power of Attorney to impose Mortgage Rights (SKMHT), which has been standardized in the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1996.

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